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SOUTHERN SILICA v. LIGA

No. 2006 CA 2023.

966 So.2d 45 (2007)

SOUTHERN SILICA OF LOUISIANA, INC. and Mid State Sand and Gravel Company, L.L.C. v. LOUISIANA INSURANCE GUARANTY ASSOCIATION.

Court of Appeal of Louisiana, First Circuit.

Concurring Opinion October 24, 2007.

Attorney(s) appearing for the Case

Randal J. Robert, Richard Zimmerman, Jr., Baton Rouge, Counsel for Plaintiffs/Appellants, Southern Silica of Louisiana, Inc., et al.

Raymond Jackson, Lafayette, Counsel for Defendant/Appellee, Louisiana Insurance Guaranty Association (LIGA).

Before: CARTER, C.J., WHIPPLE, and McDONALD, JJ.

Concurring Opinion of Justice McDonald, October 24, 2007.

WHIPPLE, J.

This is an appeal by plaintiffs, Southern Silica of Louisiana, Inc. and Mid State Sand and Gravel Company, LLC, from an adverse grant of summary judgment in plaintiffs' suit for declaratory judgment in which plaintiffs sought a judicial determination to resolve whether the 2004 amendments to LSA-R.S. 22:1386 (Louisiana Insurance Guaranty Association's non-duplication of recovery statute...

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